Managed Backup and Recovery Service Agreement Page 1 of 8
This Managed Backup and Recovery Service Agreement (“Service Agreement”) sets forth the specific terms and conditions under which LightEdge Solutions, Inc. (“LightEdge”) shall
supply certain Services to Customer. The Master Service Agreement entered into between LightEdge and Customer fully incorporates the terms herein and provides that this Service
Agreement, and Customer’s execution of the Master Service Agreement constitutes acceptance of the terms and conditions stated herein. Capitalized terms used but not defined herein
shall have the meanings set forth in the Master Service Agreement. The Initial Term length for this Service is set forth on the applicable Purchase Agreement, executed by LightEdge and
Customer, making reference to this Service.
1.0 Terminology data being backed up. LightEdge will be responsible for ensuring that Customer
Server(s) can communicate to LightEdge backup equipment.
Authorized Contact: “Authorized Contact” is a representative authorized by Customer to
request service changes using procedure outlined herein. If Server is on-net but not within a LightEdge data center then Customer will be
responsible for supplying suitable environment for Server(s) and providing
Code Word: “Code Word” refers to a secure password known only to Authorized connectivity from Server(s) to nearest LightEdge network point. If Customer
Customer point of contacts and representatives of LightEdge. network gear is not managed by LightEdge then Customer will be responsible for
Customer: “Customer” is party LightEdge is entering into Service agreement with. ensuring that Server(s) can communicate with the LightEdge backup platform. If
Data: “Data” refers to any Customer specific content residing on or traversing through the Customer network gear is wholly managed by LightEdge then LightEdge will be
platform providing Service such as Email, backup data, configuration files, Customer responsible for ensuring that Server(s) can communicate with the LightEdge
owned content or files which are held as part of Service to Customer. backup platform.
Equipment: “Equipment” refers to all physical gear used or required to deliver Service. If Server is off-net then Customer will be responsible for procuring Internet
Hosted Backup: “Hosted Backup” refers to the LightEdge product set developed for connectivity of a suitable type and speed to support their backup needs. This
backing up and restoring Customer data. product is not inclusive of network connectivity or costs associated with such
Off-net: “Off-net” refers to a customer location which is not directly connected to the
LightEdge network with a LightEdge managed circuit. Grid levels are as follows:
On-net: “On-net” refers to a customer location which is directly connected to the Local Grid: LightEdge will provide Hosted Backup to on-net Customer
LightEdge network with a LightEdge managed circuit. Server(s) co-located in a LightEdge data center. Hosted Backups will be
Server: “Server” refers to the Customer computer receiving “Hosted Backup”. stored on nearest suitable backup platform. Sole determination for
Service: “Service” refers to the systems, equipment and interfaces used to provide geographic location of Customer Data will rest with LightEdge.
Backups to Users. The use of Service in this document is specific to the service outlined Customer data will be stored on a single redundant grid.
in this document. Use of the term Service in any other LightEdge documentation in no
way supersedes the definitions of Service outlined herein. Remote Grid: LightEdge will provide Hosted Backup to on-net Customer
Users: “Users” refers to the any person authorized by Customer to utilize Service. Server(s). This includes either Customer Server(s) co-located in a LightEdge
data center or Customer Server(s) located at a remote site directly connected
to the LightEdge network. Hosted Backups will be stored on farthest suitable
backup platform that is geographically disparate from the data center holding
2.0 Service Description the Customer’s Servers. Sole determination for geographic location of
Customer Data will rest with LightEdge.
Customer will be responsible for supplying sufficient network bandwidth
LightEdge Managed Backup and Recovery Service is an end-to-end offering for delivery
between server and LightEdge platform to support product.
and management of Backup/Restore of Customer data.
Customer data will be stored on a single redundant grid.
LightEdge will procure the Backup Agent(s) and install/configure such Agent(s) on the
targeted Customer platforms or provide the Agent software to the Customer along with Internet Grid: LightEdge will provide Hosted Backup services to off-net
appropriate installation instructions. LightEdge will not be responsible for any failure on Customer Server(s). This includes either Customer Server(s) that have no
Customer’s part to properly install software. LightEdge will not be responsible for any network path connecting them to LightEdge other than via the Internet.
modifications made to the Backup Agent by the Customer. LightEdge will provide updates Customer will be responsible for supplying suitable environment for Server(s)
and maintenance to the Backup Agent at their discretion. Select versions of the following and providing connectivity from Server(s) to their Ethernet switching stack.
Operating systems are supported – Customer will be responsible for ensuring that Server(s) can communicate to
LightEdge backup equipment.
- Linux Customer will be responsible for supplying sufficient Internet bandwidth
- NetWare/OES between server and LightEdge platform to support product.
- Mac OS X Customer data will be stored on a single redundant grid.
Replicated Grid: LightEdge will replicate an existing Hosted Backup to a
Description of the Operating systems above in no way represents that Operating system geographically diverse backup location. Sole determination for geographic
is fully supported on all LightEdge backup variations. location of replicated Customer Data will rest with LightEdge.
The LightEdge Managed Backup and Recovery Service is designed to provide service to Customer is responsible for procuring Local Grid, Remote Grid or Internet
enterprise server operating systems. LightEdge reserves the right to refuse delivery of Grid services from LightEdge to form the primary backup. This primary
service to equipment deemed outside the target of the product such as, but not limited to, backup image will be replicated with the Replicated Grid product. This
workstations, laptops, mobile devices, home users and equipment other than computers. product is not inclusive of agents, connectivity or server backup necessary to
pull Customer data onto a LightEdge backup platform.
Replicated Customer data will be stored on a single redundant grid that is
Service will be made available to Customer via one or more of the following levels: geographically disparate from the grid holding the Customer’s primary data
Managed Backup and Recovery – Grid: If Server is located in a LightEdge data
center then Customer will be responsible for supplying dedicated 100/1000 Managed Backup and Recovery – Tape: If Server is located in a LightEdge data
Ethernet port on each Server being backed up. LightEdge will supply either a center then Customer will be responsible for supplying dedicated 100/1000
100megabit or 1000megabit Ethernet port to Customer dependent on amount of Ethernet port on each Server being backed up. LightEdge will supply either a
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100megabit or 1000megabit Ethernet port to Customer dependent on amount of 2.6 Moves, Adds and Changes
data being backed up. LightEdge will be responsible for ensuring that Customer
Server(s) can communicate to LightEdge backup equipment. This section intentionally left blank.
LightEdge will provide Hosted Backup to on-net Customer Server(s) co-located in a 2.7 Limitations
LightEdge data center. Hosted Backups will be stored on nearest geographical This section intentionally left blank.
backup platform. Sole determination for geographic location of Customer Data will
rest with LightEdge.
2.3 Availability 3.0 Service Options
For the purpose of this section alone “Availability” shall be defined as ability of LightEdge The following options may be added to Customer Service. Description of Service options
to fulfill initial order for Service. Once Service has progressed past installation phase and herein in no way entitles Customer to feature. Options described below may have
has been delivered to Customer as a working Service this section shall no longer apply. additional cost associated with them. Options described below may not be compatible
with all variants of the LightEdge Managed Backup and Recovery product.
The availability of Service is dependent on existence of a suitable network transport from
LightEdge Service platform to Server(s). Service requires dedicated Ethernet transport. 3.1 Special Backup Agents
LightEdge reserves the right to limit availability of Service even if suitable network
transport exists between LightEdge and Customer Server. The LightEdge Backup Application has the ability to backup the special applications and
Server configurations as listed below-
Service can be provisioned and used over the Internet with limitations. Use of Service
across any network transport other than that defined above shall absolve LightEdge of Microsoft SQL Agent: The SQL Backup Agent supports MS SQL Server 2000
any liability should Service be adversely affected. and MS SQL Server 2005.
Microsoft Exchange Agent: The Exchange Backup Agent supports MS
LightEdge also reserves the right to limit Service availability in the event that necessary
Exchange 2000, 2003 and 2007.
service components including, but not limited to, electrical power, cooling capacity,
cabling, rack space, switching/routing/network infrastructure, application software, etc. are Microsoft Cluster Agent: The Cluster Agent offers for supports Microsoft
either unavailable or unattainable at a reasonable cost to LightEdge. Windows Clusters in Active/Active and Active/Passive configurations. The Cluster
Agent offers support of both Exchange and SQL in select configurations.
These special backup agents may not be compatible with every Server
This section intentionally left blank. configuration. Backup configuration with these agents will be configured on a best
effort basis. Restoration of backups made with these agents may require downtime
2.5 Features of the Customer Server and/or application.
Description of the features below in no way entitles Customer to any particular feature. 3.2 Professional Services
Certain features only have relevance with specific LightEdge backup variants.
LightEdge offers the following Professional Services for an additional fee:
Agents (All): The Backup Agent provides the communication to the master server
which controls backup/restore scheduling and other backup/restore functions. In - Backup and Restoration testing
addition, the backup Agent initiates the transport of the data across the network - Complex Backup configuration
from the client’s Server to the LightEdge storage device. - Restoration of files
Tape Storage (Tape): LightEdge utilizes multiple tape library systems for backing - Designing backup and DR solutions
- Backup Network Design
up to tape media. For Customers selecting Tape Storage for their backups, data
will be written to media housed in these tape libraries. By default, shared tape - Training
pools are utilized, but security measures are in place to prevent one Customer from 3.3 Additional Ethernet Ports for Backup Traffic
seeing other Customers’ data. Dedicated tape pools are available at an additional
cost. Dedicated and Collocated Hosting Customers can request additional Ethernet Ports and
Networking be configured for their Backup traffic. These ports may be 10/100 or
File Level Backup (All): The LightEdge backup application has the ability to
10/100/1000 ports. Additional fees may apply for this infrastructure.
backup Customer data at the file level and then sends that data directly to Tape or
Disk Storage. 3.4 Offsite Tape Archival
Job Definition (All): LightEdge will help define and create backup jobs based on
LightEdge has partnered with a certified storage company to provide offsite storage for
input provided by the Customer, including data backup selections, job scheduling,
tape archival purposes. Customers may contract for this service and will be billed
job frequency and backup retention time frames.
according to the frequency of the offsite backup jobs and the number of tapes kept offsite
Job Scheduling (All): By default, each Server being backed up by LightEdge shall per month.
be included in no more than one daily backup job. Multiple backup schedules per
day may be available and may include additional charges. As scheduled by the Customer, LightEdge Solutions staff will generate a scheduled
replica of a data backup to tape (LTO-3 media). Each tape is capable of storing 400G of
Data Restoration (Grid): Customer shall have the ability to do self-directed
uncompressed data. LightEdge reserves the right to switch media type. This replica is
restores of data utilizing the Backup Application interface. LightEdge assumes no
then securely transported to a dedicated, secure and environmentally-controlled vault in
responsibility for the loss of data for restores that overwrite live data. If Customer
its records center in Des Moines, Iowa. A specific area within a vault will be consigned to
requests assistance with restoration of data, additional charges may apply.
house this media.
At Customer’s request, LightEdge will provision a single User account that will allow
the Customer to access the Web-based file restore application. The User account In the event the return of a particular tape from the LightEdge off-site facility is required,
will be secured with a complex password. LightEdge will also provide training the Customer will contact LightEdge Solutions support and request that retrieval of the
documentation so that Customer is familiar with the operation of the Web-based file media occurs for the date that the replicated media image was created. LightEdge will
restore Application. Customer is responsible for safeguarding the User account retrieve the tape(s) from the offsite location and coordinate recovery efforts with the
information. Customer. Customer is responsible for executing the restoration from tape to a specific
Access to the restore interface will be limited to the customer servers receiving location on disk.
Managed Backup services. Access to the restore interface from other machines
must be requested by customer. LightEdge reserves the right to refuse such
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The availability of Service is dependent on a predetermined schedule for sending tapes Installation expedites are available with this Service. Installation expedite requests will be
off-site. Availability of tape retrieval is limited by the off-site tape archival facility drivers’ subject to current expedite fees. Expedite requests will also be subject to a pass through
schedules and/or the ability of LightEdge to retrieve tapes upon Customer request. of any and all fees billed to LightEdge by other vendors in the support of the expedite
3.5 Tape Offload
Expedite requests are serviced in a best effort manner. LightEdge does not warrant or
LightEdge will perform a new backup of data or will offload the data from an existing represent that Service installation expedites will actually expedite delivery of Service.
backup directly to dedicated tape(s). This tape(s) will either be shipped to Customer or Customer shall be subject to any and all expedite fees regardless of the outcome of the
will be stored in a secure location for future use. Storage of such tape(s) is not included in expedite request.
If additional configuration work is required due to limitations of the Customer systems,
3.6 Disk Offload including but not limited to servers, workstations or network, then LightEdge reserves the
LightEdge will perform a new backup of data or will offload the data from an existing right to bill customer at current hourly rates for additional configuration time.
backup directly to dedicated external hard drive. This hard drive(s) will either be shipped Except as otherwise defined within this agreement LightEdge is NOT responsible for and
to Customer or will be stored in a secure location for future use. Storage of such disk(s) is will not be obligated to provide any assistance in configuration, installation, administration,
not included in this service. troubleshooting, maintenance, or repair of equipment or software, or integration of
3.7 Backup Seeding equipment or software into Customer’s internal network. Such services may be available
at additional cost.
For certain products LightEdge may be able to pre-seed backup platform with customer
data. If successful this data pre-seeding may dramatically shrink the time required to run Customer shall be responsible for any travel expenses incurred by LightEdge in the
an initial backup of customer server(s). Backup seeding may be required to provide course of providing onsite installation service.
backup services to customers. If Backup seeding is deemed necessary to begin backup 4.3 Installation Options
services Customer will be responsible for any and all charges incurred to provide backup
seeding services. This section intentionally left blank.
Backup seeding will be performed at current LightEdge time & material rates. LightEdge 4.4 Cabling
makes no representations as to viability or success of such seeding attempts and they
are performed on a best-effort basis. This section intentionally left blank.
3.8 On-demand Backups 4.5 Service Upgrades & Modifications
LightEdge can perform an on-demand backup at customer request. On-demand requests LightEdge may use other methods to provide Customer with equivalent Service.
for a Server will be subject to a one-time fee based on current LightEdge on-demand LightEdge reserves the right to replace Customer Service with equivalent or upgraded
rates. Such rates may vary dependent on Customer request or on technical requirements Service at any time during contract duration. LightEdge will make an effort to coordinate
such as the agents required to successfully backup Customer Server. Customer will any such Service change with the Customer prior to such change. If LightEdge is unable
define the retention time for the on-demand backup. Customer will be subject to usage to coordinate an acceptable time for a Service change with the Customer LightEdge
billing at contracted rate for on-demand backup data as long as such data is retained on reserves the right to make such a Service change during a scheduled maintenance
the LightEdge Service platform. Retention for on-demand backups shall not be less than window.
(1) day. 4.6 Service Termination
On-demand backups are subject to the same terms and liabilities as standard scheduled LightEdge makes no guarantee of Service availability beyond the termination date.
backups. If Customer Server is unavailable or does not comply with all of the terms herein
LightEdge reserves the right to deny Customer request for on-demand backup. LightEdge shall not be responsible for retaining any of your Data after termination date of
On-demand requests are subject to time constraints based on LightEdge backup platform Service. Your Data may be deleted on the day of Service termination. LightEdge will not
availability. LightEdge reserves the right to refuse Customer request for an on-demand restore, provide on any storage media or send out any Data pertaining to terminated
backup or to perform on-demand backup at a time other than that request by Customer. Service, unless specifically noted in a customized service agreement. It is Customer’s
responsibility to back-up and migrate Data prior to termination of Service.
For certain products LightEdge is able to encrypt your data. This encryption protects the
data while at rest on storage medium. The data would still be visible and accessible by 5.0 Equipment
any LightEdge backup administrator.
5.1 Equipment Requirements
No Equipment is provided to Customer as part of this Service.
4.0 Service Delivery 5.2 Equipment Procurement
4.1 General This section intentionally left blank.
It is Customer’s responsibility to ensure that all Users’ computers are able to connect to 5.3 Equipment Configuration
Service and are configured properly. This includes but is not limited to Ethernet switches,
Ethernet cabling, workstations, servers and operating systems. The section intentionally left blank.
4.2 Installation 5.4 Equipment Lifecycle
Upon procurement of the Backup Software Licensure, LightEdge will contact Customer LightEdge is responsible for the maintenance and replacement of the Equipment used to
and coordinate the installation and configuration of the Backup Agents. LightEdge will provide Service.
assist Customer as necessary in the configuration and testing of Backup Jobs. Once
LightEdge has verified that the Backup Jobs are running properly, the Service will be
considered active and billing will commence.
Standard installation timeframe for Service is defined elsewhere in this Service
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6.0 Service Support 6.6 Maintenance
6.1 Authorized Contacts Maintenance window for disruptive work to service will be limited 8:00 A.M. to 8:00 P.M.,
Central Daylight Time (CDT), any day with requirement of two (2) business day
LightEdge Solutions provides reliable and secure managed services by requiring notification to Customer prior to maintenance.
technical support and information requests come only from documented, authorized
client-organization contacts. Additionally, in compliance with federally regulated CPNI LightEdge will send an e-mail notification of such disruptive maintenance to Service to
(Customer Proprietary Network Information) rules, a customer contacting LightEdge Authorized Contacts of Customer. Once notification is sent to Customer this will be
Solutions to request an add, move, or change and/or to request information on their considered a “scheduled maintenance”. Any Service SLAs will not apply during a
account, must provide LightEdge representative with customer’s Code Word. Code Word scheduled maintenance.
is not required or verified to open trouble tickets related to service issues, however, any LightEdge reserves the right to perform emergency Service or network maintenance as
subsequent information/updates or authorization of intrusive testing related to the trouble needed outside this window, in which case LightEdge will make a reasonable effort to
ticket will require the Code Word. notify the Customer if feasible under the circumstances. Any such maintenance will be
Customer shall provide a “contact list” which will contain one (“1”) Administrative contact considered an “emergency maintenance”. All Service SLAs will apply during emergency
and may contain up to three (“3”) Technical contacts per service. Administrative and maintenance.
Technical contacts are authorized to request service changes or information, including the Customer is responsible for maintaining and up-to-date Authorized Contact list with
contact name, contact e-mail address and contact phone number for each contact but LightEdge. LightEdge will not be held responsible for maintenance notifications missed
must provide customer Code Word for any CPNI related requests. Requests to change a due to out-of-date Authorized Contact information.
contact on the list or to change the Code Word must be submitted by the Administrative
contact. Requests to replace the Administrative contact shall be submitted via fax to 6.7 Backups
LightEdge on customer company letterhead. All requests are verified per procedure
below. LightEdge will maintain backups of the Service platform for Disaster Recovery purposes
Requests for CPNI, configuration information or changes are accepted only from
documented, authorized client-organization contacts via e-mail, fax or phone and 6.8 Changes
will require Customer’s Code Word. E-mail and fax requests must be submitted LightEdge reserves the right to bill Customer for Service changes or reconfigurations
without the Code Word. Customer contact will be called to verify Code Word. E- requested by Customer that exceed the scope of the managed Service or for Service
mail requests that include the Code Word will be denied and the client changes that LightEdge must undertake due to changes initiated by the Customer such
Administrative Contact will be notified and required to change the Code Word. as, but not limited to:
E-mail and fax requests are verified with a phone call to the documented client
contact. Phone call requests must be validated with an e-mail request from a Customer initiated request to move LightEdge equipment to a different physical
documented client contact. location
Customer request to configure Service for their benefit and not specifically tied to
6.2 Helpdesk delivery of LightEdge service. For example:
Customers must contact LightEdge Support to report service trouble or an outage with - Turning up a port for customer managed gear
LightEdge Technical Support. LightEdge Technical Support will be available seven (7) - Activating a feature or function not required to deliver Service
days per week; twenty-four (24) hours per day; three hundred sixty-five days (365) days - Enhancing or extending Service for the sole benefit of Customer
per year. LightEdge Technical Support provides support for network monitoring, trouble
ticket resolution, and fault isolation up to the termination Equipment.
LightEdge Technical Support will accept trouble and outage related support calls from any 7.0 Billing
customer representative. LightEdge will not perform any requested activity which may
cause Service disruption or perform any changes to Service unless request is initiated by 7.1 Service Activation Date
an Authorized Contact. LightEdge reserves the right to delay response on support tickets
Billing for the Service will begin on the Service Activation Date. The Service Activation
opened by anyone other than the Authorized Contact.
Date shall be the earlier to occur of
Communication between Customer and LightEdge not initiated by Authorized Contact will
1) the date on which Service is activated on first newly contracted Customer
not be subject to SLA remedies.
Server or device by LightEdge
All communications with Customer will be in the English language. 2) 90 days from the date this Agreement is signed by Customer.
6.3 Support Limitations
Customer is responsible for ensuring LightEdge has the ability to install any necessary
LightEdge Technical Support is not responsible for end-user support of issues not directly software in a timely fashion.
related to Service. This includes (but is not limited to) Customer operating systems,
Customer equipment, or Customer application support. 7.2 Service Billing
6.4 Monitoring In addition to the fees and terms outlined in the Purchase Agreement Customer is subject
to the additional Service billing terms defined below.
LightEdge performs monitoring of Service availability. If Service is unavailable LightEdge
support personnel are notified immediately and will begin efforts to restore service. 7.2.1 Monthly Commitment
6.5 Notifications Customer must maintain a Minimum Monthly Commitment Level (“MMCL”) of
Service. MMCL shall be defined as the dollar amount specific to this Service
If requested by Customer LightEdge will notify Customer within fifteen (15) minutes of a contained within the executed Purchase Agreement. Should Customer’s use of the
Service outage via e-mail (to pager) notification Services. LightEdge will monitor Service drop below the MMCL during the contract term, Customer will be billed and
connections to the IP address of the customer router. An outage is defined as any fifteen obligated to pay at minimum the Monthly Charge contained within the executed
(15) consecutive minutes where the connection is unavailable. If an outage is determined, Purchase Agreement. Increases in service quantities may be made at any time.
LightEdge will generate an e-mail notification to Customer. Customer is responsible for
providing their own pager (s), a suitable e-mail-pager gateway, and up to two (2) Changes in the MMCL are allowed within 30 days of the install date. After 30 days,
corresponding e-mail addresses. monthly billings cannot drop below this amount for the duration of the contract.
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7.2.2 Storage Overage Billing 8.0 Customer Requirements
LightEdge will make available to the Customer additional storage space (above the Customer will be required to maintain complex passwords for their User accounts where
initial Contracted Amount or agreed upon MMCL) on a demand basis (this is applicable. For any such passwords LightEdge will provide a secure URL that any User
referred to as “Overage Usage”). Overage Usage will be assigned in increments of can access to change passwords. All User passwords are set to a ninety (90) day
no less than one (1) gigabyte. password expiration schedule by default.
Storage Usage will be monitored and recorded on a daily basis. Calculation will be LightEdge is not responsible for unexpected use of Services whether by ex-employees,
made to determine the total Storage in use by a Customer on each date. If the total compromised User passwords or any other misuse of Customer accounts. Customer shall
Storage Space in use exceeds the MMCL, Customer may incur an Overage bill. be responsible for all costs incurred by such unexpected use of Service.
Monthly Overage charges will be based on the “High Water Mark” during the course
of a calendar month. The High Water Mark is the maximum space in billable LightEdge controls the version of hardware and software running on its infrastructure and
gigabytes utilized across all active Customer backups during the course of a does not guarantee that it is compatible with any version changes made by the Customer
calendar month. Expired jobs performed during the calendar month will not count on their network, server, OS or application infrastructure. It is the Customer’s
toward billable gigabytes. responsibility to ensure that any version changes planned on their infrastructure is
compatible with LightEdge equipment and software. LightEdge can make available a
7.3 Additional Charges and Fees testing schedule to test interoperability (additional charges may apply). LightEdge retains
7.3.1 Field Technician Charge (FTC) the right to change the version of software and hardware of its infrastructure and will
provide Customer a notification of this change no less than sixty (60) days in advance.
The FTC is the charge incurred for each dispatch of a LightEdge technician to
support Service installation or trouble. This fee shall be calculated based on the The Customer is responsible for the final selection of the amount of storage required to
current hourly rates and shall be rounded up to the nearest full hour. This fee may hold their backup data (this is referred to as the “Contracted Amount”) and reflects what
be waived at LightEdge’s sole discretion for Customers of managed Services if the the Customer will pay as a minimum monthly fee for storage.
root cause for the dispatch is determined to be the responsibility of LightEdge. Customer shall be fully responsible for providing to LightEdge at Customer’s own
7.3.2 Missed Appointment Fee expense and in a timely manner the following:
Customer or its authorized representative must be available at the Customer - All security for its Services and systems used or accessible in connection with
location for the scheduled installation appointment date to grant the Service tech Service. LightEdge is not responsible for the unexpected use of Services on the
access or to accept delivery of the Equipment, or to work with installation technician part of the Customer whether by ex-employees, compromised user passwords or
to turn up the service. If no one is available, the Service tech will attempt to contact any other misuse of Customer accounts;
Customer for minimum of an additional fifteen (15) minutes before re-scheduling - Cooperative testing of all Customer-provided hardware, software, and Services for
the appointment. compatibility with Service; and
- Designating an Authorized Contact(s) to be the point of contact to interface with
Re-scheduling such missed appointment will incur a Missed Appointment Fee at LightEdge Technical Support.
the current applicable rate. 48 hour notice is required for all appointment re-
7.3.3 Travel 9.0 Service Conditions
Customer shall be responsible for travel expenses incurred by LightEdge during 9.1 Backup services
activation or support of Service as follows:
Customer acknowledges that certain conditions outside of LightEdge’s control may
For Customer locations in the domestic US between 30 and 100 miles from adversely impact the ability of LightEdge to perform successful backups or restores of
nearest LightEdge office: customer data. Examples of such conditions are listed below.
- Travel time at hourly rates (office-to-office) for any vehicular travel - Customer task, software, scheduled job or other human intervention intentional or
outside a 30 mile radius from nearest LightEdge office. otherwise renders portions, complete files, or complete file systems unavailable to
For Customer locations in the domestic US greater than 100 miles from the backup platform
nearest LightEdge office: - Failure of Customer software, operating system, backup agent or backup platform
- All provisions of travel to Customer locations within 100 mile radius of - Network connectivity issues between Customer Server and LightEdge backup
nearest LightEdge office; platform including but not limited to packet loss, lack of sufficient network capacity
- Airplane, bus or train tickets at LightEdge cost; to support required backup bandwidth
- Rental car, gas and parking at LightEdge cost;
- Per diem allowance of $40/day (food); and - Backup job in seeding status
- Hotel/lodging at LightEdge cost. Customer acknowledges that in the event of a support issue, Customer is responsible for
Other Customer locations require signed agreement between LightEdge and on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of
Customer. the trouble.
7.3.4 Minimum Retention Period – Moves Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy.
Terms of the Acceptable Use Policy are subject to change without notice. Customer
In the event Customer terminates the Service before the expiration of the agrees to be bound to any and all versions of LightEdge Acceptable Use Policy. Current
contracted period, due to a move, then Customer shall pay the termination charges Acceptable Use Policy can be found here: http://www.lightedge.com/legal
in accordance with the Customer’s Service Agreement. LightEdge will waive the
termination charges, if Customer purchases another Service from LightEdge at a 9.2 Restore services
new location, which is of the same or greater value and subscribes to a new
LightEdge will be responsible for restoring data within the requirements of this service
minimum contracted period of at least twelve (12) months. Additional Equipment
agreement. Customer will bear responsibility for getting server and applications up and
charges may apply depending on the type of the new Service that is being
running. LightEdge reserves the right to bill customer at standard rates for providing
purchased by Customer. If service is not available at new location, customer is
additional assistance relating to a restoration request.
subject to termination charges per the Master Service Agreement.
Restorations performed from the client application will not include original ACLs or
security permissions. Restorations requiring original security permissions will necessitate
a restore be initiated by LightEdge.
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Customer data contained within a backup job that has expired or has exceeded defined Destruction of Tapes: Customer releases LightEdge from any liability for reason
retention cannot be recovered. of destruction of tapes pursuant to written instruction from the Customer. Standard
Authorized Contact requirements, as outlined in Section 6, apply to any Customer
9.3 Offsite tape archival instruction for the destruction of tapes.
Value of Tapes: Customer acknowledges that the value of stored items is limited to Data Corruption: Customer releases LightEdge from any liability of the corruption
the cost of replacing the physical media. of Customer’s data on media sent offsite.
Limitation of Liability: LightEdge’s liability, if any, for loss or destruction of or Service Warranty: LightEdge represents and warrants that this service is delivered
damage to the materials stored offsite with LightEdge is limited to the value of tapes to the Customer using commercially reasonable efforts. The warranty is limited and
stated above. LightEdge retains the right to provide replacement media or shall not apply to service failures resulting from Customer’s improper use of the
replacement cost for such loss or destruction or damage. LightEdge is responsible service. In the event of LightEdge causing a breach of service warranty of any kind,
for replacement only when reasonable care has not been applied in exercising of Customer’s sole remedy shall be LightEdge re-performing applicable services at no
this service. Tapes are not insured by LightEdge against damage or loss however extra charge.
caused. Customer may insure tapes through third-party insurers for any amount. No Product Warranty: LightEdge makes no express or implied warranties of
Customer shall cause its insurers to waive any rights of subrogation against product merchantability or fitness for any particular purpose.
Notice of Loss: In the event of loss or destruction of or damage to a tape,
Delivery of Tapes: Tapes may be delivered to Customer agents identified as LightEdge will provide notification to Customer via e-mail to an address provided by
representing the Customer on LightEdge authorization forms. Standard Authorized the Customer. Customer must ensure that the e-mail address is valid.
Contact requirements apply as outlined in Section 6 herein.
Ownership Warranty: Customer warrants that they are the owner of the tapes
Confidentiality: Confidential Information pertains to any information contained in stored as part of this agreement and are authorized to direct their disposition as
the tapes. LightEdge will make commercially reasonable efforts to safeguard the provided by this agreement. Customer shall reimburse LightEdge of reasonable
confidentiality of the information. expenses incurred from a dispute regarding ownership and resulting disposition.
10.0 Service Level Agreements and Goals
LightEdge will be the sole party to determine whether LightEdge has not met any of the Service Level Agreements (SLA) or Service Goals specified herein. LightEdge reserves the right
to change or discontinue any or all of the SLAs or Service Goals detailed below at any time without notice to the Customer.
Service Level Agreements (or SLAs) define availability, performance and other requirements of Service provisioning and delivery. Remedies for LightEdge not meeting the
requirements are also defined. Customer must at all times cooperate with LightEdge in testing, determining and verifying that a qualifying Service outage has occurred.
Goals define availability, performance and other objectives of Service provisioning and delivery. Goals do not include remedies and failure to meet any Service Goal does not entitle
Customer to a Service credit.
10.2 SLA Credit Request Process and Limitations
In order to receive any of the SLA credits (specified herein) for Service, an Authorized Contact must immediately notify LightEdge Technical Support of an occurrence within the
LightEdge Service that results in the inability of the Customer to access Service (“Service Outage”). A Service Outage does not include an outage that occurs during scheduled periods of
maintenance or upgrades.
LightEdge Technical Support will investigate the reported outage and assign a Trouble Ticket number. Once LightEdge determines that the substantiated Service Outage that could
qualify Customer for the SLA credit occurred (“Verifiable Trouble Ticket”), then Customer may request a Service Credit within 30 days after the event giving rise to the credit by contacting
LightEdge Technical Support and asking for an SLA credit escalation. A Verifiable Trouble Ticket must accompany Customer’s request for any SLA credit regarding the Service
purchased by Customer. Credits should appear on Customer’s bill for the Service within two (2) billing cycles, after such SLA credit has been approved by the LightEdge representative.
In any calendar year, Customer’s aggregated SLA credits may not exceed, for any Service, two (2) months’ worth of the monthly Service fee for the affected Service. In any billing month
SLA credits may not exceed, for any Service, fifty (50) percent of the monthly Service fee for the affected Service.
For purpose of calculating SLA credits, this monthly Service fee shall mean the monthly recurring charge for such Service, but excluding, in all cases, (i) any monthly recurring fees for the
Service features (e.g., domain name hosting or e-mail Service), (ii) all one-time charges, and (iii) at all times excluding the monthly recurring charge attributable to Equipment for such
Credits are exclusive of any applicable taxes or fees charged to the Customer or collected by LightEdge.
SLAs dependent on packet size require use of a 64-byte packet to determine SLA eligibility.
10.3 SLA Exclusions
10.3.1 Global SLA Exclusions
SLAs do not apply and LightEdge is not responsible for failure to meet an SLA resulting from:
- Misconduct of Customer or Users of Service.
- Failure or deficient performance of power, Equipment, Services or systems not provided by LightEdge.
- Delay caused or requested by Customer.
- Service interruptions, deficiencies, degradations or delays due to any access lines, cabling or equipment provided by third parties.
- Service interruptions, deficiencies, degradations or delays during any period in which LightEdge or its representatives are not afforded access to the premises where access
lines associated with Service are terminated or LightEdge Equipment is located.
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- Service interruptions, deficiencies, degradations or delays during any period when a Service Component is removed from Service for maintenance, replacement, or
rearrangement purposes or for the implementation of a Customer order.
- Customer’s election to not release a Service Component for testing and/or repair and to continue using the Service Component.
- Force Majeure conditions such as fire, explosion, lightning, power surges or failures, strikes or labor disputes, water, acts of god, the elements, war, civil disturbances, terror,
acts of civil or military authorities, fuel or energy shortages, acts or omissions of suppliers or other causes beyond LightEdge’s control, whether or not similar to the foregoing.
- Service interruptions, deficiencies, degradations or delays during any period when a Service Component is removed from Service for maintenance, replacement, or
rearrangement purposes by Customer staff.
- Failure to provide suitable secure environment for on premise devices including but not limited to: secure mounting/racking, appropriate cooling and air handling, secure from
theft, loose wires bundled neatly, etc.
- Service interruptions, deficiencies, degradations or delays in Service caused by any piece of equipment, configuration, routing event or technology not under the
management and control of LightEdge.
- Failure to adhere to LightEdge recommended configurations on unmanaged equipment.
- Over 30 day past due balance on any billing or service with LightEdge.
In addition, Service SLAs do not apply (a) if Customer is entitled to other available credits, compensation or remedies under Customer’s Service Agreement for the same Service
interruption, deficiency, degradation or delay, (b) for Service interruptions, deficiencies, degradations or delays not reported by Customer to LightEdge, (c) where Customer reports
an SLA failure, but LightEdge does not find any SLA failure, and (d) when Service is dependent upon other Service with lower SLA.
If Customer elects to use another provider or method to restore Service during the period of interruption, Customer must pay the charges for the alternative Service used.
10.3.2 Service SLA Exclusions
SLAs do not apply and LightEdge is not responsible for failure to meet an SLA resulting from:
- Use of Service across any circuit or path not capable of carrying and adhering to industry standard QoS “quality of service” mechanisms. This could include but is not limited
to Internet (whether delivered and/or managed by LightEdge or not), public peering arrangements, and 3rd party cross connects.
10.4 Availability SLAs and Goals
“Availability” SLAs apply only when service is completely unavailable due to any sort of issue. After Customer opens a ticket on Service issue LightEdge Technical Support will classify
the issue. If LightEdge Technical Support determines that Customer service is 100% unavailable the issue will be categorized as a “Service Availability” issue and all SLA remedies
applicable to Service Availability will apply. Any SLA remedies not specifically defined as “Service Availability” SLAs will not apply to same “Service Availability” issue.
10.4.1 Availability SLA
For purpose of the Availability SLA, the duration of a Service Outage shall be deemed to commence upon the opening of a Verifiable Trouble Ticket by LightEdge Technical
Support, in response to the Customer request, and ends when the Service Outage ends. Trouble tickets, where the Service Outage cannot be verified with LightEdge's standard
diagnostic procedures, do not count towards the Availability SLA.
Each hour service is unavailable above SLA goal qualifies the Customer for a credit of 5% of MRC up to a maximum of 50%
of MRR for affected service.
10.4.2 Service Repair Goal
For purpose of the Service Repair Goal, the duration of a Service Outage shall be deemed to commence upon the determination by LightEdge Technical Support that Service
Repair is necessary and ends when the Service Repair has been completed.
LightEdge will make all reasonable efforts to resolve problems resulting from Customer initiated trouble tickets for this Service based on the Goal below.
4 hours Failure to meet the goal does not qualify the Customer for any Service credit.
10.5 Performance SLAs and Goals
There are no Performance SLAs or Goals with this Service.
10.6 Other SLAs and Goals
“Other” SLAs apply whenever SLA goal has not been met. “Other” SLA credits will qualify for consideration even when “Service Availability” or “Service Performance” SLA credits are
requested against the same Customer issue.
10.6.1 Installation Timeframe Goal
The Installation Timeframe Goal is measured from the date on which the Customer contract is countersigned by LightEdge to the delivery of Service. The goal is considered met
once the Service has been delivered and is available for service without regard to whether or not Service is actually being used.
14 days Failure to meet the goal does not qualify the Customer for any Service credit.
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10.6.2 Monitoring Goal
The Monitoring Goal is measured from the time an outage is detected by LightEdge monitoring systems until such outage is reported to customer by the LightEdge notification
method. The goal is considered met once the LightEdge monitoring system sends a notification to the customer. Receipt of the notification by the customer or lack of receipt will not
be considered to be part of goal.
15 minutes Failure to meet the goal does not qualify the Customer for any Service credit.
10.6.3 Storage Capacity SLA
The Storage Capacity SLA refers to the minimum monthly commitment level (MMCL) of storage space Customer has contracted for. An event is defined as each instance in which
service attempts to run a “job” and storage contracted for is unavailable. Storage needs exceeding the Customer MMCL are not subject to SLA remedies.
100% Each failure to meet the goal qualifies Customer for a credit of 10% of MRC per event
10.6.4 Restoration SLA
The Restoration SLA is measured from the time a ticket is opened requesting a restore of customer data to the time that restoration job is started. Due to the potential variation in
restoration job sizes no guarantee can be made as to when the restoration will be complete. During periods of force majeure the Restoration SLA will not apply.
For emergency goal to apply customer must state that restoration request is an emergency and this must be noted as such in the restoration request ticket. Emergency goal shall
not apply for an unstated emergency request.
1 hour for emergency
Each failure to meet the goal qualifies Customer for a credit of 10% of MRC per event
4 hours for standard
10.6.5 Recoverability SLA
The Recoverability SLA refers to the integrity of the data being stored on Service.
LightEdge guarantees that data backed up by Service shall be recoverable without data corruption. File shall be considered corrupt only if restored file does not substantially match
Recoverability SLA shall not apply to files that have not been backed up by Service, customer data or files that have been corrupted on original Server prior to backup by Service,
open files that cannot be successfully backed up, data that was backed up as part of a failed backup job or transient data structures such as but not limited to Windows registry
files, swap files or Unix device files.
Recoverability SLA shall only apply if Customer utilizes agents and best practices recommended by LightEdge. Recoverability SLA shall not apply to SQL, Exchange or other
applications not backed up via recommended application agent. Recovery SLA shall not apply to data backed up by 3rd party application or service prior to backup by LightEdge
Recovery SLA shall not apply to any data offloaded to external media at the request of customer such as but not limited to tape or external disk drive.
Each failure to meet the goal qualifies Customer for a credit of 100% of Service provided for affected Server not to exceed
single billing period
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